Bill to end 'culture of secrecy'

The bill would release data into the public domain

Scots could soon be given a "legally enforceable right of access to information" held by public bodies.

The proposal is contained in a draft Freedom of Information Bill, which was unveiled by Deputy First Minister Jim Wallace on Thursday.

Under the terms of the draft bill, an independent commissioner will be appointed to police disputes which arise over access rights.

But it still allows for "sensitive information" to be withheld from the public if its release causes "substantial prejudice".

Jim Wallace: Expected to unveil bill

Mr Wallace said the legally enforceable right will be open to everyone and described it as "a right to know that does not rely on establishing a need to know".

He said the bill, which is now open to public consultation, will deliver "a robust freedom of information regime".

Before any information is considered for release it will undergo "a stringent harm test" to determine whether it causes "substantial prejudice".

But Mr Wallace stressed that such tests will be balanced against "the consideration of the public interest".

He also said that "an independent and powerful commissioner" will be able to rule on areas of dispute, although the justice minister of the day will retain a veto over the commissioner's decisions.

'Culture of secrecy'

"We need to change the mind-set of Scotland's public authorities from that of a culture of secrecy to a culture of openness," he said.

"It will be a major task, but we have taken the first steps by establishing an interdepartmental working group on freedom of information."

When the bill becomes law people will be able to gain access to such information as police force recruitment strategies.

The bill proposes to make public contracts, like the Holyrood project, more open

Contractors working for public companies or private firms performing work of a public nature will also be included.

Under the Scottish legislation, public authorities will have to respond within 20 working days to a request and publish information which is available.

They will also be able to charge for information costing between £100 and £500 to retrieve.

But the bill will not apply to UK Government agencies that deal with non-devolved issues - such as the Scotland Office.

The release of information from these bodies will be governed by the UK Freedom of Information Act 2000.

Mr Wallace unveiled the new proposals at the Scottish Executive's central storage facility in Edinburgh which holds more than 800,000 files.